Politics

Ireland to intervene in South Africa’s genocide case against Israel over Gaza invasion

South Africa has accused Israel of breaching convention but International Court of Justice proceedings expected to last years

South African foreign minister Naledi Pandor speaks to the media at the International Court of Justice in the Hague in January. Photograph: Remko DeWaal/AFP

Jack White
Cormac McQuinn
Wed Mar 27 2024 - 18:41

Tánaiste Micheál Martin has confirmed that Ireland will intervene in the case initiated by South Africa against Israel under the Genocide Convention at the International Court of Justice (ICJ).

South Africa has accused Israel of committing genocide in Gaza, and is calling for an end to its military operation there.

Proceedings in the case are expected to last for years.

Mr Martin has directed officials to commence work on a Declaration of Intervention under Article 63 of the Statute of the International Court of Justice and Cabinet was briefed on the plans on Wednesday.

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[ What is genocide and why is South Africa taking a case against Israel? ]

The Irish Times understands that the planned declaration will not allege that genocide is being committed. The motivation instead is to encourage the court to take an interpretation of the convention in a way that prioritises the protection of civilians.

When completed the draft declaration must be approved by Government before it can be filed with the ICJ in The Hague.

In January, the Government confirmed its intention to urgently consider filing a declaration of intervention in the case, based on a legal analysis of the Genocide Convention and consultation with partners, including South Africa.

“That analysis and consultation has now concluded. Ireland will be intervening,” Mr Martin said in a statement on Wednesday.

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“It is for the court to determine whether genocide is being committed. But I want to be clear in reiterating what I have said many times in the last few months; what we saw on October 7th in Israel, and what we are seeing in Gaza now, represents the blatant violation of international humanitarian law on a mass scale.

“The taking of hostages. The purposeful withholding of humanitarian assistance to civilians. The targeting of civilians and of civilian infrastructure. The indiscriminate use of explosive weapons in populated areas. The use of civilian objects for military purposes. The collective punishment of an entire population,” he said.

“The list goes on. It has to stop. The view of the international community is clear. Enough is enough. The UN Security Council has demanded an immediate ceasefire, the unconditional release of hostages and the lifting of all barriers to the provision of humanitarian assistance at scale. The European Council has echoed this call.”

Mr Martin said intervention as a third party in a case before the International Court of Justice is a “complex matter and is relatively rare”, noting that since 1948, just four other interstate cases have been initiated under the Genocide Convention before the International Court of Justice.

“Ireland intervened in one of these – Ukraine v Russia case – and, after a rigorous and comprehensive process of analysis and consultation over the last six weeks, we have determined that we will do so again in the South Africa v Israel case,” he said.

Mr Martin said the situation in Palestine “could not be more stark”, adding that half the population of Gaza face imminent famine and 100 per cent of the population face acute food insecurity.

“As the UN secretary general said as he inspected long lines of blocked relief trucks waiting to enter Gaza during his visit to Rafah at the weekend; ‘it is time to truly flood Gaza with life-saving aid. The choice is clear: surge or starvation’. I echo his words today,” he said.

Once it receives Government approval, the declaration will be filed after South Africa has filed its memorial in the coming months.

Mr Martin said Ireland will liaise with a number of partners who have also confirmed their intention to intervene.

Cormac McQuinn

Cormac McQuinn

Cormac McQuinn is a Political Correspondent at The Irish Times

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